Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for further proceedings in accordance with the following Memorandum: Defendant pleaded guilty to assault in the second degree (Penal Law § 120.05 [2]) with the understanding that he would be sentenced as a second felony offender to a determinate term of incarceration of three years. At sentencing, County Court imposed the agreed-upon sentence but further ordered...
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